State ex rel. State Highway Commission v. Bennett

This is a condemnation action by the State Highway Commission involving a 2.68 acre tract of land with improvements, located four miles west of Garrison, Powell County, Montana. Following jury trial in the third judicial district court béfore the Hon. Sid. G. Stewart, district judge, judgment was entered awarding the owners $60,000 for their property. From.’ this judgment and denial of a motion for a new trial, the State appeals.

The State of Montana, acting through the State Highway Commission, seeks to acquire the land in question for highway purposes. The property owners are Roger W.…